Delaware General Assembly

CHAPTER 244.

OF WHARVES.

AN ACT to regulate the building of Wharves on Broad Creek.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

SECTION 1. That John Turpen Wright, Elijah Horn and James W. Anderson, be and, they are hereby appointed commissioners whose duty it shall be to view Broad Creek and thereupon to adjust and determine a certain limit on each side of said creek, to which wharves may hereafter be extended out into said creek, such limits to be ascertained by certain fixed distances to be completed and measured from such landmarks as the said commissioners may for that purpose adopt.

The said limits shall extend from the new iron bridge over said creek as far down said creek as said commissioners may determine, and the said commissioners as soon as conveniently may be after adjusting and determining such limits as aforesaid shall make return of their proceedings in the premises, under their hands, or the hands of a majority of them, to the clerk of the peace of Sussex County, together with a plot of said Broad Creek showing distinctly the said limits, with such distances and landmarks as may be adopted for ascertaining the same. The said return and plot shall be filed and preserved in the office of the clerk of the peace. The said clerk shall also cause it to be recorded in the office for recording deeds in and for Sussex County, and the record of the same, or a duly certified copy thereof, shall be competent evidence in all courts of law and equity in this State.

SECTION 2. From and after the filing of the return of the above named commissioners in the office of the clerk of the peace, it shall not be lawful for any purpose whatsoever, to construct or cause to be constructed on either side of said Broadcreek, between the new iron bridge and the point down said creek as determined upon by said commissioners, any wharf, platform, landing place, marine railway, pier piles, abutment or other obstruction to the current of said creek, extending into the creek beyond the limits adjusted and determined in by said return.

SECTION 3. From and after the expiration of one year from the passage of this act, it shall not be lawful to construct or cause to be constructed, or to have or keep on either side of said Broad creek, between the new iron bridge and the point down said creek as determined upon by said commissioners and within the limits to be adjusted and determined as aforesaid (that is to say, between either one of said limits and the shore with respect to which such limits shall be fixed) any wharf or platform supported on piles, piers, or abutments so fixed as to leave spaces between them open to said creek, or to construct or cause to be constructed, have or keep between the aforesaid points and within the limit to be adjusted and determined as aforesaid any sluice way or sluice ways, in any wharf built or to be built on said Broad Creek.

SECTION 4. The Levy Court Commissioners of Broad Creek and Little Creek Hundred, upon complaint of one or more inhabitants of either of said hundreds that any wharf, platforms, landing place, marine railway, pier, pile, abutment or other obstruction of said creek has been constructed and is held or kept in or upon said creek contrary to the provisions of this act, shall, upon giving at least ten day's notice to the owner or occupier of the same, hear and determine such complaint, and if necessary, view and examine the matter or thing complained of; and if the said Levy Court Commissioners shall, upon such hearing, adjudge that the matter or thing complained of, is held or kept contrary to the provisions of this act, they shall forthwith deliver to the owner or occupier of any such wharf, platform, landing place, marine railway, pier, pile, abutment, or other obstruction be not removed or conformed to the provisions of this act, within ninety days after the delivery of such certified copy, the person or

persons, or corporations holding the same as the owner or owners thereof, shall forfeit and pay to any person who will sue for the same, the sum of $500.00 dollars, to be recovered with costs of suit as debts of like amount, are by law recoverable, one-half of said penalty to be for the use of the person suing therefor, and the residue thereof to be for the use of Broad and Little Creek Hundreds, and it shall be the duty of the Prothonotary of Sussex County, if any such wharf, platform, landing place, marine railway, pier, pile, abutment, or other obstruction, be not removed or conformed to the provisions of this act, within ninety days after the delivery of such certified copy as aforesaid, without delay, to issue a warrant or writ directed to the sheriff of said county commanding him to abate such wharf, platform, landing place, marine…pier, pile, abutment other obstruction, or to conform the same to the provisions of this act, whereupon the …proceed to abate the same or to conform the same to the provisions of this act. The expenses incurred in carrying into effect this provision shall be such as the Levy Court shall allow, and the same having been paid by the County Treasurer, the amount thereof may be recovered in the name of the county of Sussex, from the owner or occupier of the matter of thing abated as debts of like amount are by law recoverable.

SECTION 5. The commissioners shall have power to call to their aid a competent surveyor, and such other assistance as may be necessary to perform the duties required of them by Section I of this act. The commissioners and surveyor before proceeding to perform said duties, shall be severally sworn or affirmed to perform all the duties required of them under this act, faithfully and impartially to the best of their skill, and judgment. The acts of a majority of the commissioners shall be valid as the acts of the whole; any vacancy occurring in said commission shall be filled by the commissioners.

SECTION 6. The compensation of the commissioners, surveyor and other assistance shall be allowed by the Levy Court of Sussex County.

SECTION 7. Nothing herein contained shall be construed to prevent the commissioners of the town of Laurel from constructing, erecting or providing proper sluices, culverts and waste ways, for the drainage of the town or to prevent the present drains or gutters from being emptied into Broad Creek.

Passed at Dover, April 19, 1887.